Amunga v Capsule Limited t/a Flare (Cause E903 of 2022) [2025] KEELRC 2341 (KLR)
The bottom line
#The Employment Court dismissed a Kshs. 59.7 million bonus claim, confirming Kenyan courts will not rewrite a written employment contract.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a breach of the Claimant's Employment Contract
No breach. The contract provided for bonus on sales only; the claimant never met the minimum sales targets in any quarter, and the deed of variation removed commission on sales and increased her salary for grant-related work
Applying section 97 of the Evidence Act, the court confined itself to the written contract and deed of variation. The claimant admitted in cross-examination that commission was on close of sales and not grants, and that the deed of variation covered only monthly salary. Grants were team efforts, carried no profit margin and were not sales. No coercion, fraud or undue influence was pleaded, so the court could not rewrite the contract.
Whether the Claimant is entitled to the remedies sought in the Claim
Not entitled; the claim was dismissed with costs to the respondent
Having found no breach, the court held that general damages and the withheld bonus claim of Kshs. 59,730,111 lacked merit. The claimant was paid her salary under the contract and deed of variation, had no claim for salary, and could not claim bonus on grants without a contractual basis. Citing National Bank of Kenya v Pipeplastic Samkolit and Nicholas Mbuya, bonus liability is confined to the parties' agreement.
Legal principles established
#- A court of law cannot rewrite a contract between the parties; parties are bound by their contract unless coercion, fraud or undue influence are pleaded and proved
- Bonus disputes are governed exclusively by the agreement between the parties and must be construed within the meaning and intent accorded by the parties under their contract
- Where contract terms have been reduced to writing, no evidence may be given of those terms except the document itself
Court orders
#- 1.The entire claim is dismissed with costs to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (implied; no express provision invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amunga v Capsule Limited t/a Flare (Cause E903 of 2022) [2025] KEELRC 2341 (KLR)", Case Analysis (2025). Cause No E903 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2341/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.